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I own only the condo I am living in .
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answered on Dec 21, 2023
The cost of creating a trust and will in California can vary based on several factors, including the complexity of your estate and the rates of the attorney you choose. Since your estate consists only of the condo you live in, your situation might be less complex than others, potentially reducing... View More 
There has been a question about the friend (myself-28 yrs daily companion) being a crook, or something, that has been proven in court to be incorrect. Yet a financial 'hold' has been placed on the person's finances even though the individual in the center of this discussion is... View More
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answered on Dec 18, 2023
In California, the definition of "gravely disabled" under elder law is not solely based on a person's ability to care for themselves or ownership of property like a home. It typically refers to a person's incapacity to provide for their basic personal needs for food, clothing,... View More
I just need to understand what exact forms I need to file
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answered on Dec 18, 2023
In California, when filing for an emergency removal in a limited conservatorship case, you typically need to file the initial conservatorship forms along with the emergency petition. The initial forms are essential for establishing the basis for the conservatorship itself, outlining who is being... View More
Notification of death, accounting of assets, etc.
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answered on Dec 16, 2023
In your role as the sole beneficiary and successor trustee of your mother's estate under California law, the standard process of notifying beneficiaries can be somewhat streamlined. Given that you are the only beneficiary, there's no legal requirement for you to notify yourself in the... View More
I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account.,... View More
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answered on Dec 13, 2023
Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions.
Firstly, a power of attorney grants authority to another person (in this case, your... View More
My dad purchased a vehicle 1.5 years ago. The car is having issues now and he went to the dealership where he purchased the car so they can help him fix it. The dealership said there was nothing they can do for him. They sold him an extended warranty that they won’t accept. He went to another... View More
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answered on Dec 9, 2023
Under California law, your father may have several options to address this situation. First, it's important to review the sales contract and all related documents. If there are discrepancies or unclear terms, especially considering the language barrier, he might have grounds for a claim.... View More
was ordered to pay $200 starting on 7/12. She paid July & August but have not paid since. What can I do?
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answered on Nov 26, 2023
Under California law, if the defendant in your case is not complying with a court-ordered payment arrangement, you have several options to enforce the order. First, you can file a motion with the court to enforce the agreement reached during mediation. This motion can request the court to take... View More
I made a verbal agreement to have this worker install new ducting supply unit and New HVAC equipment. He replaced the units, but did not replace the ducting. Can I get advice as to what I can do? I gave him a $7200 down payment.
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answered on Oct 17, 2023
Verbal agreements can be legally binding, though they can be more challenging to enforce than written contracts. If the HVAC worker did not fulfill the terms of your agreement, you may have grounds for a breach of contract claim. To bolster your position, gather any evidence of the agreement, such... View More
This is regarding a nieghbor who for the last year has had a leaky roof, the park finally told her they were not going to repair the roof (cost) and told her she could move to another home that was vacant but the cost would be $500 more per month. She agreeded because she feared the mold in the... View More
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answered on Oct 15, 2023
Under California law, landlords have a duty to maintain rental properties in a habitable condition, which includes providing a waterproofed roof in good condition. If the roof is leaky and causes mold, the landlord is generally responsible for repairing it to ensure the property remains habitable.... View More
all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur.
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answered on Oct 9, 2023
In California, a Power of Attorney (POA) authorizes someone to act on behalf of another in legal or financial matters. If your daughter has overstepped her authority as granted by the POA, there may be legal remedies available. If the POA is durable, it continues even if the grantor becomes... View More
I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in... View More
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answered on Oct 6, 2023
In California, if you've been married for at least 10 years and are 62 or older, you can receive Social Security benefits based on your ex-spouse's record after a divorce. Since you've been married for 50 years, you qualify. If already receiving spousal benefits, they should... View More
We have torn apart the house looking for the original signed copy of the most recent amendment and anything prior, but we cannot find anything. They kept a lot of old documents and records, but the original will and trust can't be found anywhere. They have both passed and we are stumped as to... View More
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answered on Oct 10, 2023
In California, while it's preferable to have the original trust document, a copy can be used in many circumstances. If someone were to contest the trust, the absence of the original could lead to a presumption that the trustor intentionally destroyed it, thus revoking the trust. However, this... View More
I am her granddaughter and named her sole beneficiary in her will, there was no probate. After a year of delays and repeat requests for paperwork from the Rep Payee agency, they finally released the funds they said that remained in my grandmother's account, however the amount was far below the... View More
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answered on Oct 10, 2023
If a representative payee agency is failing to provide an accounting, particularly after multiple requests, it raises concerns. You should consider sending a formal written request for accounting via certified mail, ensuring you have evidence of your demand. If the agency continues to be... View More
My father was in Riverside Community Hospital for five weeks, he was always cognitive and still very much is. Every time he was asked where he wanted to go by his nurses, his doctor, social worker and his Hospice Liaison, he wanted to go home to his house to pass away. My father is in heart... View More
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answered on Oct 10, 2023
In California, if your father is mentally competent and can express his wishes, he has the right to determine where he wants to live and receive care. If his wife is making decisions contrary to his expressed wishes, you could consider seeking a conservatorship over your father to ensure his wishes... View More
With new owners. She was responsive however when I told her that new landlords took me to court with wrong amounts owed, and all the harassment, and getting mad if I didn’t pay more money etc
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answered on Oct 10, 2023
Employees of the Section 8 Housing Authority in California are responsible for administering the Housing Choice Voucher Program, which assists eligible low-income individuals and families in obtaining affordable housing. Their job duties typically include processing applications, determining... View More
My father is on hospice and suffering from heart disease, end state cpod, and other issues, yet he is fully aware, and cognitive. He was in the hospital for five weeks, when asked by the Hospice Liaison, where he wanted to go, and given options his answer has always been home.
He is bed... View More
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answered on Sep 29, 2023
Under California law, if your father is cognitively capable of making his own healthcare decisions, he has the right to determine where he wishes to receive care, including at home. You, as his son, can consider filing for a conservatorship if you believe his current wife is making decisions... View More
Im currently about to graduate . Just need some answers
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answered on Sep 4, 2023
Under California law, having an expunged record doesn't completely erase the conviction; licensing boards like the California Board of Vocational Nursing and Psychiatric Technicians may still consider it. While having an expunged record may improve your chances, each application is evaluated... View More
The last attorney informed me that my friend should try to get conservatorship over his brother in order to then formally request a state authority to take care of him. While my friend does not legally need to take care of his brother, they keep saying that he cannot drop him off at a hospital as... View More
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answered on Sep 2, 2023
In California, obtaining conservatorship is often the advised legal route for gaining authority to make decisions for someone who is incapacitated, but it can be a time-consuming and expensive process. If immediate intervention is required, and conservatorship isn't feasible, you might explore... View More
Brother started living with his Mom 12 years ago after he lost his job because he was a drunk. He embezzled all her savings. My friend (the other son) has power of attorney over his mother. She might need to go in a nursing home as she is 94 years old and has memory loss. Her house will need to be... View More
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answered on Aug 30, 2023
In California, the law generally does not impose an affirmative duty on siblings to care for one another. However, abandoning a vulnerable adult could potentially lead to elder abuse or neglect charges. Your friend may need to file for a conservatorship over his brother to formally pass the... View More
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answered on Aug 29, 2023
You should not "drop off" a person with Alzheimer's for whom you are not responsible without ensuring that they are in a safe environment and in the care of qualified individuals. Abandoning a vulnerable adult could potentially expose you to criminal and civil liability under... View More
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